City of Hermantown - October 7, 2024 - City Council Meeting

Hermantown's October 7, 2024, City Council Meeting

Here is the transcript with speaker names added based on the context provided. [0:02] **Mayor Wayne Boucher:** I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Roll call, please. [0:15] **Alissa McClure (City Clerk):** Councilor Geissler? **Councilor John Geissler:** Here. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Here. **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Here. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Here. [0:25] **Mayor Wayne Boucher:** Council, any announcements they'd like to make for the good of the order? Nope? I have one. On Thursday the 24th, we have the Taste of Hermantown again this year. It's been kind of hard to find out when and where, but from four to seven at the AAD Shrine Temple. Tickets are $15 in advance from any board member. It's a great community outfit that has done a lot of good for the community in scholarships and endowments. [1:10] **Mayor Wayne Boucher:** Public hearing. We have two public hearings this evening. Public hearing A on the infrastructure improvements in the Bill and Erv’s Properties Incorporated. Mr. Mulder? [1:18] **John Mulder (City Administrator):** So, just a brief explanation that Bill and Erv’s Properties is the approximately 11 acres at the intersection of the Vake Bypass and Highway 53. Bill and Erv’s Properties is owned by Bill Wilson and Mike Koski. They're looking at doing some development there. We've entered into a development agreement to build the necessary infrastructure as part of that. This is a public hearing where typically we would order the improvement following the public hearing and authorize the engineer to prepare plans and specs. But at this point, we're waiting on this project as part of the overall project with a Hawkline Business Park for some grant money to build that infrastructure. [2:11] **Mayor Wayne Boucher:** Thank you. Are there any questions or comments from Council? Is there any public input on this public hearing? Any public input on the infrastructure improvements in the Bill and Erv’s Properties Incorporated agreement? Last opportunity to comment on the public hearing for infrastructure improvements for Bill and Erv’s Properties. [2:50] **Mayor Wayne Boucher:** We will move to our second public hearing. Public hearing on infrastructure improvements in the Hawkline Business Park. Mr. Mulder? [3:00] **John Mulder:** Again, very similar. The Hawkline Business Park is approximately 35 acres at that intersection, but it is not along Highway 53; it's behind the Bill and Erv’s property. Again, for the Hawkline Business Park, we're looking at putting infrastructure in there and we have a development agreement with the owners of the Hawkline Business Park that they would agree to be assessed for a portion of those improvements. [3:28] **Mayor Wayne Boucher:** Thank you. Any questions or comments from Council? Any public input on this public hearing? Any public input on infrastructure improvements in the Hawkline Business Park? Last opportunity for public input on the infrastructure improvements for the Hawkline Business Park. [3:55] **Mayor Wayne Boucher:** Moving on. Communications are placed on file. Presentations. Mr. Mulder, could you give us a synopsis of the 2025 preliminary Debt Service budget presentation we had at pre-agenda? [4:14] **John Mulder:** So, Kevin Orme, the Director of Finance & Administration, presented the 2025 preliminary Debt Service. We have about $50 million in debt. A vast majority of that is paid by sales tax, either because of the Wellness Center or water and sewer improvements. Now we've issued additional debt for the arena and Fichtner Park. So, a vast majority of that debt is paid off using revenues from sales tax—it's about 80%. The remaining amount is paid off in part by the water fund but also the General Levy. The Debt Service Levy is increasing in 2025 because of our addition of the Hermantown Road Project. [5:15] **Mayor Wayne Boucher:** Thank you. Next, we have public discussion. This is the time that individuals can address the Council about any item not on the agenda. We ask that you limit your time to three minutes per person. Is there anyone that wishes to address the Council? Is there anyone that wishes to address the Council under public discussion? This final opportunity for general public discussion—is there anyone that wishes to address the Council? If so, start with your name and address. [6:05] **Mayor Wayne Boucher:** We will move on to the consent agenda. Consent agenda contains minutes approval or correction of the September 16th, 2024 City Council continuation minutes and accounts payable. Approved General City warrants from September 16th, 2024 through September 30th, 2024 in the amount of $2,163,335.20. Do we have a motion? [6:25] **Councilor Brian LeBlanc:** Move to approve. [6:28] **Mayor Wayne Boucher:** Do we have a second? [6:30] **Councilor Andy Hjelle:** Second. [6:32] **Mayor Wayne Boucher:** Roll call, please. [6:35] **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [6:45] **Mayor Wayne Boucher:** Next, we have a first reading this evening on four different ordinances. The first one is 2024-09, an ordinance amending Hermantown Code of Ordinances Section 270 Fee Schedule. Mr. Mulder, could you give us a short explanation of this? [7:05] **John Mulder:** This is an annual resolution or ordinance that changes some of the fees that the city charges. Primarily in this one is the increase in the water rates because of the City of Duluth charging us an additional 9% for water. We are proposing an approximately 7% increase. There's also an increase in the sewer charges of about, I believe it's 2%. And then we're increasing the storm water fee by 3.25%. There’s a number of other fees that we've reviewed and increased in a couple of other ones as well. [7:45] **Mayor Wayne Boucher:** Thank you. We'll move to public input. Is there any public input on these? Any public input on this ordinance first reading? Any input on Ordinance 2024-09? [8:03] **Mayor Wayne Boucher:** We'll move on to 2024-10, an ordinance of the City of Hermantown amending and restated Section 405 section of Tetrahydrocannabinol products to regulate cannabis businesses. First reading. Mr. Mulder? [8:22] **John Mulder:** I'm going to ask either Eric Johnson or Gunnar Johnson to address that. [8:28] **Eric Johnson (Community Development Director):** Great, thank you. I will start off here and I'll ask Mr. Gunnar Johnson to come in if there's any other information that we need. Just to give a brief overview of this: this applies to both this ordinance and the next one, number 11. Basically, what this is is the layout of the registration process for retail sales associated with cannabis use. The ordinance calls out for one retail store within the city limits. It also sets buffer requirements as they relate to schools, daycares, treatment facilities, athletic fields, or parks, as well as the need to be at least a minimum of 500 feet from another cannabis retail business that may be in an adjoining community. This also speaks to specific zoning portions of the city where different things can happen, whether it be cultivation, manufacturing, transportation, retail, or delivery of cannabis-based products. It establishes retail sales hours associated with that, as well as regulates temporary cannabis events held throughout the city. [9:36] **Mayor Wayne Boucher:** Thank you. Anything, Mr. Johnson? [9:39] **Gunnar Johnson (City Attorney):** We're good. [9:41] **Mayor Wayne Boucher:** Any questions from Council? Any public input on this first reading of an ordinance? Any public input on Ordinance 2024-10? Do we have any public input on Ordinance 2024-10? [10:05] **Mayor Wayne Boucher:** Hearing none, we move to Ordinance 2024-11, an ordinance amending Section 20 definitions and Chapter 5 land use regulations to regulate cannabis businesses. Mr. Mulder, should we have Mr. Johnson? [10:25] **John Mulder:** Yes, briefly on this. [10:28] **Eric Johnson:** So, these are two sections associated with the zoning ordinance. The first one is the definitions of Section 200, defining different areas such as daycare, cannabis, etc. And then lastly, Chapter 5—I deal with this one every day, I think I'd know this—it’s the land use requirements throughout the city, specifically once again where cannabis use can happen whether it's one of those five elements that I spoke to previously. [11:00] **Mayor Wayne Boucher:** Thank you. Any questions from Council? Any public input on the first reading of this ordinance? Do we have any public input on ordinance 2024-11? [11:32] **Mayor Wayne Boucher:** Hearing none, we'll move on to Ordinance 2024-12, an ordinance of the City of Hermantown, Minnesota, amending the City Code Section 210 Council to increase the salaries of the mayor and council members. This is the first reading. Mr. Mulder? [11:55] **John Mulder:** During the pre-agenda, we talked about the rates. We should insert those rates. In my understanding, the proposed rates are $900 per month for the mayor and $675 for the city council. [12:08] **Mayor Wayne Boucher:** Thank you. And that would be a $100 a month raise for the mayor and $75 a month for Council, both amounting to a 12.5% increase. Is that correct? [12:15] **John Mulder:** That’s correct. [12:18] **Mayor Wayne Boucher:** Any questions from Council? Any public input on this ordinance? This is the first reading. I would note that the second reading and vote on these ordinances will take place at our next regularly scheduled Monday city council meeting. Any public input on Ordinance 2024-12? [12:59] **Mayor Wayne Boucher:** Okay, we'll move to resolutions. Resolution 2024-192, resolution authorizing and directing the City Administrator and the Assistant Administrator to execute and deliver a Business Development Infrastructure application. Do we have a motion? [13:14] **Councilor Brian LeBlanc:** Move to approve. [13:16] **Mayor Wayne Boucher:** Second? [13:17] **Councilor John Geissler:** Second. [13:20] **John Mulder:** So, we had previously approved a resolution to the same effect. After we submitted the grant application to the State of Minnesota, they asked us to revise the resolution with the dollar amount and to make sure that we had all of the numbers between the resolution and the grant application match. This resolution simply changes the amount of money that we had said we had set aside; instead of 2 million, it's 2.4 million. [14:02] **Mayor Wayne Boucher:** Thank you. Any questions or comments from Council? [14:05] **Councilor Brian LeBlanc:** I just have a general question. With some of these resolutions, it's the Mayor and City Clerk, and on this one, it's the City Administrator and Assistant City Administrator. What's the differentiation? [14:18] **John Mulder:** The reason this is—it's authorizing the application. Once we are awarded the grant, there will be an agreement, and then that agreement will have to be signed by the Mayor and Clerk. [14:28] **Councilor Brian LeBlanc:** Okay, thanks. [14:30] **Mayor Wayne Boucher:** Any other questions or comments? Any public input on this resolution? Any public input on Resolution 2024-192? Any public input on the permission to deliver a Business Development Infrastructure application? Roll call, please. [14:55] **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [15:10] **Mayor Wayne Boucher:** Next is Resolution 2024-193, resolution appointing election judges for the statewide general election of November 5th, 2024. Do we have a motion? [15:24] **Councilor John Geissler:** Motion to approve. [15:26] **Mayor Wayne Boucher:** Is there a second? [15:28] **Councilor Andy Hjelle:** Second. [15:30] **John Mulder:** For each election, we need to appoint election judges. So this is for the general election in November, just again thanking these people for their service to make sure that the election runs well. [15:45] **Mayor Wayne Boucher:** Thank you. Any questions or comments from Council? I also would like to thank the people that are participating and being election judges and our City Clerk. With some of the political discord that's been going on in the last few years, they could come under some criticism, and I give them an A+ for stepping up. We appreciate it. Is there any public input on this resolution? Any public input on Resolution 2024-193? Roll call, please. [16:25] **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [16:35] **Mayor Wayne Boucher:** Resolution 2024-194, resolution authorizing the disposal of surplus city property. Is there a motion? [16:45] **Councilor Andy Hjelle:** Motion to approve. [16:47] **Mayor Wayne Boucher:** Is there a second? [16:48] **Councilor Brian LeBlanc:** Second. [16:50] **John Mulder:** This is a procedure that we use whenever we get rid of city assets and surplus equipment. So we're asking to dispose of three lawnmowers and a pothole trailer that no longer are of use to us. [17:05] **Mayor Wayne Boucher:** Thank you. Any questions or comments from Council? [17:08] **Councilor Brian LeBlanc:** Did we replace the pothole trailer last year, or was there talk of purchasing a new one? I should have asked at pre-agenda when Paul was here. [17:15] **John Mulder:** Yeah, I don't... yes, but I don't remember the timing of that, if it was last year or not. [17:22] **Councilor Brian LeBlanc:** We're still able to do it though without contracting out that work? [17:25] **John Mulder:** We do most of that ourselves, yes. [17:30] **Mayor Wayne Boucher:** Any other questions or comments from Council? Any public input on the resolution authorizing the disposal of surplus city property? Any public input on this resolution? Roll call, please. [18:02] **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [18:15] **Mayor Wayne Boucher:** Resolution 2024-195, resolution authorizing and directing Mayor and City Clerk to execute and deliver tower and ground lease amendment to agreement between the City and American Towers LLC for the Cameron Road cell tower. Is there a motion? [18:32] **Councilor John Geissler:** Motion to approve. [18:34] **Mayor Wayne Boucher:** Do we have a second? [18:35] **Councilor Andy Hjelle:** Second. [18:36] **John Mulder:** I'm going to let Trish Crego explain this one. [18:38] **Trish Crego (Utility and Infrastructure Director):** Yes, thank you Council and Mayor. This was just a renegotiation of a previous contract that was set forth, I believe, in 2020. We renegotiated with the existing owner just to come up with a better rate and years of locking in that contract. [19:05] **Councilor Andy Hjelle:** How long was the prior lease for? [19:10] **Trish Crego:** I believe 25 years. Do you remember, Gunnar? [19:14] **Gunnar Johnson:** It was 25 years I believe before, and then now it's 30. [19:20] **Councilor Andy Hjelle:** Better rate for us or better rate for them? [19:23] **Gunnar Johnson:** Us, somewhat. The rate went up for the city. It extended out a little bit, so there's a benefit for them, but the benefit for the city is that they get a higher monthly rate. [19:38] **Mayor Wayne Boucher:** Thank you. Any other questions or comments from Council? Is there any public input on this resolution? Any public input on the authorization of the amendment to the cell tower lease for the Cameron Road cell tower? Roll call, please. [20:05] **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [20:15] **Mayor Wayne Boucher:** Resolution 2024-196, resolution receiving preliminary engineering report and placing it on file for Mary Lane Road improvements and sanitary extension. Do we have a motion? [20:28] **Councilor Brian LeBlanc:** Move to approve. [20:30] **Mayor Wayne Boucher:** Is there a second? [20:32] **Councilor John Geissler:** Second. [20:35] **John Mulder:** Previously, the City Council authorized the preparation of a feasibility report. That report was completed. We met with the affected residents approximately two weeks ago, and just given the cost of that, we just didn't feel like this was economically feasible at this point. So we communicated that with the residents and therefore the recommendation is to simply accept the report and place it on file as opposed to calling for a public hearing. [21:10] **Mayor Wayne Boucher:** Thank you. Any questions or comments from Council? Is there any public input on this resolution? Any public input on Resolution 2024-196? Roll call, please. [21:40] **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [21:55] **Mayor Wayne Boucher:** Resolution 2024-197, resolution approving Paul Bunyan Communications fiber optic relocation quote in the amount of $67,815.34. Do we have a motion? [22:12] **Councilor John Geissler:** Motion to approve. [22:15] **Mayor Wayne Boucher:** Do we have a second? [22:16] **Councilor Brian LeBlanc:** Second. [22:18] **John Mulder:** In the process of the start of the building of the Arena, we found that there's fiber optics running where the new building was meant to be. So we have a quote here from Paul Bunyan to relocate that along Arrowhead and then Hawk Circle to connect the administration building with the elementary school. [22:40] **Mayor Wayne Boucher:** Thank you. Any questions or comments from Council? Any public input on this resolution? Any public input on change order number three for the NorthStar Ford Arena? Roll call, please. [23:05] **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [23:15] **Mayor Wayne Boucher:** Resolution 2024-198, resolution approving change order number four, five, and six for Krauss-Anderson change order number one for the NorthStar Ford Arena in the amount of $75,187.44. Is there a motion? [23:30] **Councilor John Geissler:** Move to approve. [23:32] **Mayor Wayne Boucher:** Do we have a second? [23:34] **Councilor Andy Hjelle:** Second. [23:36] **John Mulder:** So again, as part of the construction of the Arena, as they were starting the foundation work, it was recommended that we add drain tile—so that is change order number four for approximately $38,000. There were some minor electrical revisions that we needed to make for just over $6,000. And then we wanted to reroute the existing sewer for the warming shack but we didn't want that running under the new building, so we're running it around to the Ugstad side of the existing building; it will connect to a manhole just kind of behind the administration building. [24:12] **Councilor Brian LeBlanc:** Do we have any idea how much is left in our contingency budget at this point? [24:18] **John Mulder:** Off the top of my head, I want to say it's about $700,000. [24:25] **Mayor Wayne Boucher:** Any other questions or comments? Any public input on this resolution? Any public input on approving change orders number four, five, and six for the NorthStar Ford Arena? Roll call, please. [24:55] **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [25:10] **Mayor Wayne Boucher:** 2024-199, resolution approving pay request number four for the NorthStar Arena to Krauss-Anderson Construction Company in the amount of $399,742. Do we have a motion? [25:25] **Councilor Brian LeBlanc:** Approve. [25:27] **Mayor Wayne Boucher:** Is there a second? [25:29] **Councilor John Geissler:** Second. [25:31] **John Mulder:** This is for the work that's been done in the last month on the Arena. [25:35] **Councilor Andy Hjelle:** Are they still on schedule, do we know? [25:40] **John Mulder:** Yeah, it's early. I mean, we were a little concerned about some of the permitting, but yeah, I feel like we're continuing to be on schedule. [25:52] **Councilor Andy Hjelle:** Has the full permit been issued? [25:55] **John Mulder:** I do not think so, but I don't know that for sure. [26:00] **Councilor Andy Hjelle:** Oh, okay. Thank you. [26:05] **Mayor Wayne Boucher:** Any other questions or comments? Is there any public input on this resolution? Any public input on approval of pay request number four for the NorthStar Ford Arena? Roll call, please. [26:35] **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [26:45] **Mayor Wayne Boucher:** Resolution 2024-200, resolution approving final pay request for Road Improvement District 538 to Uhland Brothers Incorporated in the amount of $10,000. Do we have a motion? [27:00] **Councilor Andy Hjelle:** Motion to approve. [27:03] **Mayor Wayne Boucher:** Is there a second? [27:05] **Councilor Brian LeBlanc:** Second. [27:06] **John Mulder:** This is the authorization to pay the final retainage that we had for the Hermantown Marketplace road projects, so this would close out that project. [27:20] **Mayor Wayne Boucher:** Thank you. Any questions or comments from Council? Any public input on this resolution? Any public input on Resolution 2024-200? Roll call, please. [27:45] **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [27:55] **Mayor Wayne Boucher:** Resolution 2024-201, resolution approving final pay request for Benson Road Improvement project District 601 to GMF Construction Incorporated in the amount of $89,524.86. Is there a motion? [28:12] **Councilor John Geissler:** Motion to approve. [28:15] **Mayor Wayne Boucher:** Do we have a second? [28:18] **Councilor Andy Hjelle:** Second. [28:20] **John Mulder:** So this was the work on Benson Road to replace the culvert and then also to extend Benson Road just a little ways that was paid for by the landowner. That work has been completed, so this is both the first and final pay application. [28:40] **Mayor Wayne Boucher:** Thank you. Any questions or comments from Council? Hearing none. Is there any public input on this resolution? Any public input on Resolution 2024-201? Roll call, please. [29:10] **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [29:20] **Mayor Wayne Boucher:** Resolution 2024-202, resolution approving pay request number five for Road Improvement District number 541 and 542 to Northland Constructors in the amount of $756,664.12. Do we have a motion? [29:38] **Councilor Brian LeBlanc:** Motion to approve. [29:41] **Mayor Wayne Boucher:** Second? [29:43] **Councilor John Geissler:** Second. [29:45] **John Mulder:** So this is the pay application for the work from August 26 to September 27 on Hermantown Road and the bridge on Hermantown Road. [29:55] **Mayor Wayne Boucher:** Thank you. Any questions or comments from Council? [30:00] **John Mulder:** Just one other comment: this project is also on schedule. All the work should be done by the end of October. [30:10] **Councilor Andy Hjelle:** I know we talked about this last year, but I'm drawing a blank. What is the date that we have to have blacktop down by? Isn't there a date at the end of October? [30:25] **David Bolf (City Engineer - Northland Consulting):** So, according to the MnDOT specifications, it's October 15th is the guideline. And then there's a clause in there where the engineer can wave that, dependent on weather and the ability to achieve the necessary compaction. [30:42] **Councilor Andy Hjelle:** Do we feel like blacktop's going to be down by the 15th? [30:45] **David Bolf:** I'm not sure that all of it will be, but in my career, we've put many tons of blacktop down after October 15th that we have not had problems with. The biggest thing is keeping it warm and getting the densities that we require. [31:20] **Mayor Wayne Boucher:** Thank you. Any other questions or comments? Any public input on this resolution? Any public input on Resolution 2024-202? Roll call, please. [31:45] **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [32:00] **Mayor Wayne Boucher:** Resolution 2024-203, resolution authorizing and directing the Mayor and City Clerk to execute and deliver utility service agreement with RB Holdings. Do we have a motion? [32:15] **Councilor Andy Hjelle:** Motion to approve. [32:17] **Mayor Wayne Boucher:** Is there a second? [32:19] **Councilor Brian LeBlanc:** Second. [32:21] **John Mulder:** So Ross Bradley, who is RB Holdings, was originally going to try to drill wells on that property along Hermantown Road. He was unable to do that, so he wants to extend the sewer—excuse me, water main—from LaVaque Road across his properties on Hermantown Road. [32:45] **Councilor Brian LeBlanc:** I have two questions that I can think of offhand here. What side of LaVaque is that water main on? Are they going to have to tear up LaVaque to get the water main across? [32:58] **John Mulder:** So the water main is in the intersection of LaVaque and Hermantown Road. The main is on the west side. There is a short stub there now, but we have to get into the road a little bit to make that connection. [33:14] **Councilor Brian LeBlanc:** And then my other question was: is the pipe sized correctly to support any future development or extension along the road? [33:22] **David Bolf:** Yes. So we looked at that when this project was proposed a few years back. The Public Works Director and myself felt the 8-inch was the appropriate size that would connect LaVaque Road and, in the future, all the way west to Ugstad Road to create a loop. So an 8-inch is what we had specified. [33:57] **Councilor Brian LeBlanc:** This is not a private line then? [34:00] **David Bolf:** No, this will be a public main in the right-of-way of Hermantown Road. The applicant's engineer has prepared a permit application through the Department of Health, which all water main extensions need to be permitted through. [34:25] **Mayor Wayne Boucher:** Any other questions or comments? Is there any public input on this resolution? Any public input on Resolution 2024-203? Any public input on the resolution approving the utility service extension with RB Holdings? Roll call, please. [34:55] **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [35:10] **Mayor Wayne Boucher:** Resolution 2024-204, resolution receiving bids and awarding contract to Vite Company Incorporated for the water main replacement project along Trunk Highway 53 between Airport Road and Cirrus Drive in the amount of $143,500. Do we have a motion? [35:35] **Councilor John Geissler:** Motion to approve. [35:38] **Mayor Wayne Boucher:** Is there a second? [35:40] **Councilor Andy Hjelle:** Second. [35:42] **John Mulder:** So this is a project to replace the water main along Highway 53. We went out for bid and that work is expected to be completed this year. I don't know if David wants to add anything more to that. [36:00] **David Bolf:** Yeah, Mayor and Council, this project was initiated because of the multiple breaks and repairs that we've had along this section. It's a 3-inch line. Our project will use a technology called pipe bursting, where we burst the pipe and replace it with a 6-inch line. It's approximately 600 feet. [36:25] **Councilor Brian LeBlanc:** Just one follow-up. This is outside of the Benson area, and just totally... there'll be no two-minutes of road work that has to be passed back in? [36:35] **David Bolf:** Yes. Here, the pipe is in the ditch of MnDOT's right-of-way. I believe we have one driveway that we have to cross and there'll probably be a patch in Cirrus Drive where we make the connection. [36:53] **Councilor Brian LeBlanc:** And will that be able to get done yet this fall? [36:56] **David Bolf:** That's the goal, yes. Cross your fingers. [37:05] **Mayor Wayne Boucher:** Thank you. Any other comments or questions? Any public input on this resolution? Any public input on Resolution 2024-204? Any public input on the awarding of a contract to Vitan Company to replace a water line between Airport Road and Cirrus Road on Trunk Highway 53? Roll call, please. [37:35] **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [37:45] **Mayor Wayne Boucher:** Resolution 2024-205, resolution approving change order number seven and eight for Fichtner Park improvements to Casey Incorporated in the amount of $143,171.40. Do we have a motion? [38:05] **Councilor John Geissler:** Motion to approve. [38:08] **Mayor Wayne Boucher:** Is there a second? [38:10] **Councilor Brian LeBlanc:** Second. [38:12] **John Mulder:** So this is a change order for Fichtner Park. One of them is to do some regrading and seeding for the T-ball field. A vast majority of it is for soil corrections under the parking lot along Ugstad Road. As you recall, we had some soil corrections that needed to be done in the skate park area, and that bad soil is just continuing on into the parking area as well. [38:35] **Councilor Brian LeBlanc:** Is this the parking lot that we chose to add via change order a couple months ago? [38:40] **John Mulder:** Yeah. [38:42] **Mayor Wayne Boucher:** Any other questions or comments? There any public input on this resolution? Any public input on approving change orders number seven and eight for Fichtner Park? Roll call, please. [39:05] **Alissa McClure:** Councilor LeBlanc? **Councilor Brian LeBlanc:** Aye. **Alissa McClure:** Councilor Geissler? **Councilor John Geissler:** Aye. **Alissa McClure:** Councilor Hjelle? **Councilor Andy Hjelle:** Aye. **Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [39:16] **Mayor Wayne Boucher:** Next on our agenda is a closed session. A motion to close the meeting of the Hermantown City Council pursuant to Minnesota Statute Section 13D.05, subdivision 3B, per attorney-client privilege for discussions with the City Attorney to consider threatened litigation on assessments. Following this closed session, the Hermantown City Council will reconvene into an open session. Do you have a motion for the closed session? [39:45] **Councilor Brian LeBlanc:** Move to close. [39:48] **Mayor Wayne Boucher:** Is there a second? [39:50] **Councilor John Geissler:** Second. [39:52] **Mayor Wayne Boucher:** All in favor say aye. **Council:** Aye. **Mayor Wayne Boucher:** Opposed, same sign.